Some argue that referenda have no place in a constitution with Parliamentary sovereignty. London4Europe Committee member and former Home Office senior civil servant Michael Romberg argues that this view is based on a misunderstanding of the concept.

But first, ask yourself: how many referenda there have been at UK and country level since 1973? The answer will be given later.

The meaning of Parliamentary Sovereignty

In a modern democracy the opposite to Parliamentary sovereignty is a power for judges in a constitutional court to strike down laws.

In the UK, Parliament is sovereign. As a general statement, there is no body in the UK who may strike down a law made in Parliament. So there is no doubt that in general Parliament trumps the monarch, the Government, devolved and local administrations, and the courts.

Who chooses Parliament? We do. So that makes us the sovereigns.

If we do not like a law we have to obey it, but we can vote in a new Parliament to change the law.

Try Thomas Paine. He published “Rights of Man’ in 1791 in response to Burke’s “Reflections on the Revolution in France”. He was a more radical figure than the traditionalist Burke. In the Rights of Man, Paine wrote (in the context of a more limited franchise): “The right of a Parliament is only a right in trust, a right by delegation, and that but from a very small part of the Nation; and one of its Houses has not even this. But the right of the Nation is an original right, as universal as taxation. The nation is the paymaster of everything, and everything must conform to its general will.”

So we can make decisions by referendum and by voting to elect a Parliament in a general election. The processes are different. But both are sourced in the popular will.

Our Constitution provides for Referenda

We call ourselves a parliamentary democracy. But the constitution is more complicated than that.

Printed (hosted by) NationBuilder. Published & promoted by London for Europe and by James MacCleary, on behalf of the European Movement UK. Suite 1912a, Portland House, Bressenden Place, London, SW1E 5RS, UK. The European Movement UK may use the information you’ve given to contact you. By providing your data to us, you are consenting to us making contact with you in the future by mail, email, telephone, text, website and apps. You can always opt out of communications at any time by contacting us or visiting www.europeanmovement.co.uk/unsubscribe. More information can be found in our privacy policy.